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(영문) 부산지방법원 2013.08.30 2013고단2190
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 27, 2013, at around 02:20, the Defendant reported the victim E (34 years of age) who passed the way before the “Dju” located in Jongno-gu Seoul Metropolitan Government, and caused an injury to the victim’s days of treatment, such as the occurrence of a loss of 3 cm off the victim’s internal part of the body, which is a dangerous object in the surrounding construction site (5 cm, 9cm, 18cm in length, 5.5cm in thickness).

Summary of Evidence

1. Defendant's legal statement;

1. E police statement;

1. A victim's photograph and brick photograph;

1. Application of Acts and subordinate statutes to each investigation report (No. 9 and 10 No. 10)

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (not to punish a victim, and reflectability);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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